ASHOK HANAMANTHAPPA BADAMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions, the petitioners have questioned the order dated 29.6.2017 passed in PC No.1/2017 by the Principal District and Sessions Judge, Gadag, taking cognizance of the offence alleged and registering the case as a private complaint and thereafter, referring the matter for investigation and sought to quash the entire proceedings pending before the trial Court.

(2.) The contention of the learned counsel for the petitioners is that the procedure followed by the learned Sessions Judge on receiving the complaint is not in accordance with law and it is contrary to the various judgments of the Apex Court as well as this Court. It is also contended that the entire allegations in the complaint are baseless and the petitioners have been falsely implicated, though they are not involved in the alleged transaction. He submits that the cognizance has been taken without assigning any reasons, which clearly indicates that there is no application of mind by the learned Sessions Judge .

(3.) It is further contended that the petitioner in Crl.P.No.101492/2017 is an advocate on the panel o f Karnataka Housing Board and in view of Section 2(c) o f the Prevention of Corruption Act, 1988, he is a public servant and therefore , sanction is required to proceed against him. Accordingly, seeks to allow the petitions.